Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of ShopMall, operated by Retiretainment, LLC ("we", "us", "our"). By creating an account or using our services, you agree to these Terms and our Privacy Policy.

2. Eligibility

• You must be at least 18 years old to use ShopMall
• You must provide accurate, current information
• You must not have been previously banned from the platform
• You must comply with all applicable laws in your jurisdiction

3. User Accounts

3.1 Account Security

• You are responsible for maintaining account security
• Never share your password with anyone
• Notify us immediately of unauthorized access
• We recommend enabling two-factor authentication

3.2 Account Termination

We may suspend or terminate accounts that:

• Violate these Terms
• Engage in fraudulent activity
• Abuse or harass other users
• Violate intellectual property rights

4. For Shoppers

• Products are sold by independent merchants, not ShopMall
• Clicking "Buy Now" redirects to the merchant's website
• All purchases are subject to merchant's terms and policies
• Returns, refunds, and customer service are handled by merchants
• ShopMall is not responsible for product quality, shipping, or fulfillment

5. For Merchants

5.1 Merchant Responsibilities

• Provide accurate product information and pricing
• Fulfill orders promptly and professionally
• Maintain valid business licenses and permits
• Comply with all consumer protection laws
• Handle customer service and returns

5.2 Commission & Fees

• Starter Plan (Free): 8% commission on sales
• Growth Plan ($49/month): 6% commission on sales
• Pro Plan ($149/month): 4% commission on sales
• Commissions are calculated on the sale amount (excluding tax/shipping)
• Subscription fees are non-refundable

5.3 Domain Verification

Merchants must verify ownership of their business domain via DNS, meta tag, or file upload before listing products.

6. For Sharers

6.1 Affiliate Program

• Earn a flat 10% commission on every sale attributed to your affiliate link
• Must apply and be approved before generating affiliate links
• Must complete Stripe Connect onboarding for payouts
• Commissions are held for 30 days (refund period) before paying out
• No minimum payout threshold — earnings are paid monthly regardless of amount
• No subscription fees to participate in the Sharer program

6.2 Attribution

• Attribution is tracked for 30 days from the first click on your link
• If a visitor clicks your link and purchases within 30 days, you earn the commission even if they return directly
• Attribution from AI agent recommendations follows the same 30-day window — when an AI agent surfaces your link and a user completes a purchase, attribution flows to you

6.3 Sharer Guidelines

• Disclose affiliate relationships as required by FTC guidelines and applicable law
• No spamming, unsolicited messaging, or misleading advertising
• No self-referrals, click fraud, or manipulation of attribution
• Comply with the platform policies of any social media channel where links are shared
• Only share links to products that have been approved under ShopMall's product screening process

6.4 AI Creative Suite

Approved Sharers receive access to ShopMall's AI-powered creative tools, including AI lifestyle photos, motion videos, and platform-optimized ad assets. These tools are provided as-is for use in promoting ShopMall products. Content generated must be used only for legitimate promotional purposes and must accurately represent the product.

6A. Agent API & MCP Server

6A.1 Public Catalog Access

ShopMall provides a public REST API (shopmall.com/api/v1/) and an MCP (Model Context Protocol) server (shopmall.com/api/mcp) for AI agents and developers to search and browse the product catalog. No API key is required to read the public catalog.

6A.2 Acceptable Use

• API access is provided for legitimate product discovery, recommendation, and agent shopping use cases
• You may not use the API to scrape the entire catalog in bulk for competitive intelligence or data resale purposes
• Rate limits apply. Exceeding rate limits may result in temporary or permanent API access suspension
• AI agents that recommend products from ShopMall must accurately represent product details (price, availability, merchant) as returned by the API — do not alter or fabricate product information

6A.3 Merchant API Keys

Merchants may generate API keys from their dashboard to sync product catalogs programmatically. API-synced products are subject to the same human review and product screening process as manually listed products. Merchants are responsible for all activity under their API keys.

6A.4 Attribution via Agents

When a Sharer's affiliate link is surfaced by an AI agent and a user completes a purchase, Sharer attribution is honored under the same 30-day window described in Section 6.2. ShopMall does not guarantee agent traffic and makes no representations about the frequency or volume of AI agent referrals.

7. Prohibited Activities & Products

7.1 Prohibited Platform Conduct

You may not:

• Use automated tools (bots, scrapers) to interact with the platform without written permission
• Manipulate rankings, reviews, ratings, click counts, or engagement metrics
• Upload malware, viruses, phishing pages, or malicious code
• Impersonate other users, brands, or businesses
• Create multiple accounts to circumvent bans or limits
• Harass, threaten, intimidate, or abuse other users
• Engage in money laundering, fraud, or financial crimes
• Attempt to reverse-engineer, hack, or disrupt platform systems

7.2 Prohibited Products — Adult & Sexual Content

• Pornography or sexually explicit material of any kind
• Nudity in product images, descriptions, or linked content
• Adult toys, products, or services marketed in a sexual manner
• Any content depicting or sexualizing minors — zero tolerance, reported immediately to NCMEC and law enforcement

7.3 Prohibited Products — Weapons & Violence

• Firearms, handguns, rifles, shotguns, and all parts or accessories that enable their assembly
• Ammunition, magazines, silencers, and conversion kits
• Switchblades, brass knuckles, illegal knives, stun guns, and weapons marketed for harm
• Explosives, commercial-grade fireworks, detonators, or incendiary devices
• Tasers, pepper spray, or similar items where restricted by applicable law

7.4 Prohibited Products — Drugs & Controlled Substances

• Illegal drugs or narcotics of any kind
• Prescription medications sold without valid prescription verification
• Drug paraphernalia (pipes, bongs, syringes marketed for drug use)
• Products marketed as "legal highs," bath salts, or synthetic drugs
• Anabolic steroids, HGH, or performance-enhancing drugs without legitimate medical context
• Nicotine products where prohibited by applicable law or regulations

7.5 Prohibited Products — Illegal & High-Liability Items

• Counterfeit goods, knockoffs, or replica items designed to deceive buyers
• Stolen property of any kind
• Items requiring government licenses to sell, without proof of such license
• Products that infringe copyright, trademark, patent, or other intellectual property rights
• Hacking tools, spyware, or surveillance software marketed for unauthorized use
• Fake identification documents, forged certificates, or diploma mill credentials
• Human organs, body parts, tissue, or blood products
• Products derived from endangered or protected species (ivory, rhino horn, etc.)
• Items subject to active FDA or CPSC recalls
• Hazardous chemicals, toxic materials, or radioactive substances

7.6 Prohibited Products — Fraud & Deceptive Schemes

• Pyramid schemes, chain letters, or illegal multi-level marketing recruitment
• Get-rich-quick programs, investment fraud, or unregistered securities
• Fake currency, counterfeit chips, or tokens intended to deceive
• Services that artificially inflate reviews, followers, likes, or social metrics
• Gambling products or services where illegal in the user's jurisdiction

7.7 Prohibited Products — Health Misinformation

• Products making unsubstantiated medical claims (e.g., "cures cancer," "treats diabetes")
• Supplements marketed to minors in unsafe quantities
• Products known to cause serious adverse health effects

This list is illustrative, not exhaustive. ShopMall reserves the right to remove any product or account at its sole discretion if we determine, in good faith, that the listing creates legal, reputational, or safety risk to the platform or its users. When in doubt, we will err on the side of caution and remove first.

8. Intellectual Property

8.1 Platform Content

ShopMall's logo, design, code, and features are owned by Retiretainment, LLC and protected by copyright, trademark, and other laws.

8.2 User Content

You retain ownership of content you upload (product images, descriptions, reviews). By posting, you grant us a non-exclusive, worldwide license to display and distribute your content on ShopMall.

9. Disclaimers

10. Limitation of Liability

To the maximum extent permitted by law, Retiretainment, LLC shall not be liable for indirect, incidental, special, or consequential damages arising from your use of ShopMall. Our total liability shall not exceed $100 or the amount you paid us in the past 12 months, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless Retiretainment, LLC from any claims, damages, or expenses arising from your use of the platform, violation of these Terms, or violation of third-party rights.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive the right to a jury trial or class action lawsuit.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email 30 days in advance. Continued use after changes constitutes acceptance. If you disagree, you must stop using the platform.

14. Contact Information